Page:United States Statutes at Large Volume 5.djvu/229

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'1‘WENTY-FOURTH CONGRESS. Sess.II. Ch. 45. 1837. 193 Nor shall any addition of an improvement be made to any patent No addition, heretofore- granted, nor any new patent be issued for an improvement &<>~¢0 l>¤m¤d¤ made in any machine, manufacture, or process, to the original inventor, assignee, or possessor, of a patent therefor, nor any disclaimer be ad- ted, &c. uiitil o, mitted to record until a duplicate model and drawing of the thing origi- Verified duplinally intended, verified as aforesaid, shall have been deposited in the gyggrgggej, g°' Patent Office, if the Commissioner shall require the same; nor shall p cc` any patent be granted for an invention, improvement, or discovery, the model or drawing of which shall have been lost, until another model and drawing, if required by the Commissioner, shall, in like manner, be deposited in the Patent Office; And in all such cases, as well as in those which may arise under the Compensation third section of this act, the question of compensation for such models f°' m°d°l°» &°· and drawings shall be subject to the judgment and decision of the commissioners provided for in the fourth section, under the same limitations and restrictions as are therein prescribed. Sec. 6. And be it further enacted, That any patent hereafter to be Patents hereissued, may be made and issued to the assignee or assignees of the in- "f*‘°’é` *0 b°"s‘ ventor or discoverer, the assignment thereof being first entered of sue ° record, and the application therefor being duly made, and the specification duly sworn to by the inventor. And in all cases hereafter, the applicant for a patent shall be held to furnish duplicate drawings, whenever the case admits of drawings, one of which to be deposited in the oflice, and the other to be annexed to the patent, and considered a part of the specification. Sec. 7. And be it further enacted, That, whenever any patentee shall YVhencvcr any have, through inadvertence, accident, or mistake, made his specification P,;*’°”‘°,;’,Sl‘*;,ll·· of claim too broad, claiming more than that of which he was the ori- Lewggccfngbci ginztl or first inventor, some material and substantial part of the thing make his specipatented being truly and justly his own, any such patentee, his adminis· E°8“°¤l°° _ · _ - road, &c. he, trators, executors, and assigns, whether of the whole or of a sectional &c_ may make interest therein, may make disclaimer of such parts of the thing patented disclaimer, &c. as the disclaimant shall not claim to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent; which disclaimer shall be in writing, attested by one or more witnesses, and recorded in the Patent Office, on payment by the person disclaiming, in manner as other patent duties are required by law to be paid, of the sum of ten dollars. And such disclaimer shall thereafter be taken and considered as part of the original specification, to the extent of the interest which shall be possessed in the patent or right secured thereby, by the disclaimant, and by those claiming by or under him subsequent to the record thereof But no such disclaimer shall affect any action pending at the time of its being filed, except so far as may relate to the question of unreasonable neglect or delay in filing the same. Sec. 8, And be it further enacted, That, whenever application shall Applications be made to the Commissioner for any addition of a newly·discovered £‘;’“$‘;,‘?:;;§g‘:v;‘;__ improvement to be made to an existing patent, or whenever a patent ,,dgmpmv8_ shall be returned for correction and re-issue, the specification of claim ments to oe _ annexed to every such patent shall be subject to revision and restriction, g‘:g§;"§’;“"g in the same manner as are original applications for patents; the Com- ° missioner shall not add any such improvement to the patent in the one case, nor grant the re-issue in the other case, until the applicant shall have entered a disclaimer, or altered his specification of claim in accordance with the decision of the Commissioner; and in all such cases, the applicant, if dissatisfied with such decision, shall have the same remedy and be entitled to the benefit of the same privileges and proceedings as are provided by law in the case of original applications for patents. vat. v.-as R